Trial Chamber Case 002/02 Against Nuon Chea and Khieu Samphan (Extraordinary Chambers in the Courts of Cambodia)

2020 ◽  
Vol 59 (1) ◽  
pp. 159-179
Author(s):  
Suhong Yang
Keyword(s):  
Trial Chamber ◽  
Racial Group ◽  
Religious Group ◽  
Crimes Against Humanity ◽  
Life Imprisonment ◽  
Geneva Conventions ◽  
Superior Responsibility

On November 16, 2018, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) rendered the judgment in Case 002/02 against Nuon Chea and Khieu Samphan. The full written version of the judgment was notified in Khmer, English, and French on March 28, 2019. The Chamber found Nuon and Khieu guilty of crimes against humanity, grave breaches of the Geneva Conventions, and genocide of the Vietnamese ethnic, national, and racial group. The Chamber additionally convicted Nuon of genocide of the Cham ethnic and religious group under the doctrine of superior responsibility. Both Nuon and Khieu were sentenced to life imprisonment.

Crimes against Humanity

2018 ◽  
Author(s):  
Beth Van Schaack
Keyword(s):  
United States ◽  
Criminal Law ◽  
International Criminal ◽  
War Crimes ◽  
The United States ◽  
Penal Code ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Geneva Conventions ◽  
Superior Responsibility

This chapter identifies three unfortunate gaps in the United States’ federal penal code: The United States lacks a crimes against humanity statute, the war crimes statute has a limited jurisdictional reach and does not conform to US obligations under the Geneva Conventions, and the code lacks express mention of superior responsibility. These gaps significantly hinder the reach of the United States’ prosecutorial authorities and have led to instances of impunity, and incomplete accountability, where perpetrators within US jurisdiction cannot be prosecuted for their substantive crimes and must be dealt with through immigration and other remedies. The chapter then evaluates various proposed amendments to Title 18, drawing upon previous bills, international criminal law, and other federal statutes. It closes by arguing that discrete statutory amendments would enable the United States to exercise leadership in atrocities prevention and response without increasing the risk that US personnel will be subjected to litigation overseas.

Prosecutor v. Akayesu

1999 ◽  
Vol 93 (1) ◽  
pp. 195-199 ◽  
Author(s):  
Bernard H. Oxman ◽  
Diane Marie Amann
Keyword(s):  
Sexual Violence ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Geneva Conventions ◽  
Jean Paul ◽  
First Time

Prosecutor v. Akayesu. Case ICTR-96-4-T.International Criminal Tribunal for Rwanda, September 2, 1998.This pioneering opinion marks the first time an international criminal tribunal has tried and convicted an individual for genocide and international crimes of sexual violence. The case arose out of the massacres of perhaps a million Tutsi in Rwanda in 1994. At least two thousand died in Taba, a rural commune where defendant Jean-Paul Akayesu was mayor. A trial chamber of the International Criminal Tribunal for Rwanda concluded that, although Akayesu may at first have tried to prevent killings, he eventually donned a military jacket and participated in or ordered atrocities. The Tribunal found him guilty of one count each of genocide and incitement to commit genocide and seven counts of crimes against humanity. It acquitted Akayesu of five counts brought under common Article 3 of the 1949 Geneva Conventions and Protocol Additional II to those Conventions on the ground that he was not within the class of perpetrators contemplated by them.

Living in His Father’s Shadow: Exploring Healing Justice and Reconciliation in Cambodia with Duch’s Son

2013 ◽  
Vol 41 (1) ◽  
pp. 29-66 ◽  
Author(s):  
Leakhena Nou
Keyword(s):  
National Identity ◽  
Khmer Rouge ◽  
Crimes Against Humanity ◽  
Collective Identities ◽  
Life Imprisonment ◽  
Geneva Conventions ◽  
The Social

Abstract Nearly four decades after the Khmer Rouge genocide, the Cambodian people have found some solace to a tragic past that forever has defined their personal and collective identities. The first of five defendants on trial in the Extraordinary Chambers in the Courts of Cambodia (the ECCC), Kaing Guek Eav (alias Duch, Chief Warden of S-21) was found guilty of crimes against humanity and Grave Breaches of the Geneva Conventions of 1949 and sentenced to life imprisonment on 3 February 2012. Aside from his criminal reputation as the head executioner of S-21, what other legacy does Duch leave behind? In particular, what psycho-emotional legacy does he leave his children? This paper focuses on the social and political legacy passed on to Duch’s eldest son as it affects the possibilities for his contributing to reconciliation, forgiveness, and ‘healing justice’ in post-Khmer Rouge Cambodia. The paper also warns against casting perpetrators’ children as bystanders to their own history or as being guilty of their parents’ crimes, and provides an alternative Khmer Rouge narrative: that of the children of perpetrators and how their identities fit within the larger Cambodian national identity and search for justice.

scholarly journals SYRIA – “THE WAR WITH MULTIPLE PROXIES”. VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS

2021 ◽  
Vol 17 (1) ◽  
pp. 167-178
Author(s):  
Daniela Vetina Ene
Keyword(s):  
Human Rights ◽  
Civil War ◽  
International Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Amnesty International ◽  
Geneva Conventions ◽  
The Arab Spring

The civil war in Syria, triggered by the pro-democracy demonstrations of the "Arab Spring", was a complicated combination of religious, cultural and ethnic-identity contradictions. The non-international conflict was turned into a "battlefield" for foreign powers, which led to the transformation of a civil war into a "war with multiple proxies". The United Nations' efforts to mediate the conflict, based on a six-point plan, remained in the draft phase. Amnesty International and Human Rights Watch have denounced flagrant violations of human rights and international humanitarian law by the al-Assad regime, which has widely used non-discriminatory weapons banned in violation of the Geneva Conventions, 1949. The Bashār al-Assad regime is accused by the international community of being guilty of war crimes and crimes against humanity, but attempts to incriminate it have failed.

scholarly journals THE "HAGUE" MODIFICATION OF THE INTERNATIONAL CRIME CONCEPT

2021 ◽  
pp. 66-74
Author(s):  
V. Popko
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Crime ◽  
International Justice ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
Geneva Conventions ◽  
The Hague ◽  
International Tribunals

The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability

Rape and Human Rights

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1662-1664 ◽  
Author(s):  
Jean Franco
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Ethnic Group ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Geneva Conventions ◽  
War Criminals ◽  
The United Nations

According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”

Better Late than Never: Reparations for Sexual Violence in the Ntaganda case before the International Criminal Court

2021 ◽  
Vol 2 (1) ◽  
pp. 27-47
Author(s):  
Sunneva Gilmore
Keyword(s):  
Sexual Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Child Soldiers ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Medical Background ◽  
Modest Contribution ◽  
First Time

The Prosecutor v Bosco Ntaganda case at the International Criminal Court (ICC) represents the long awaited first reparation order for sexual violence at the court. This will hopefully see the implementation of reparations for the war crimes and crimes against humanity of rape and sexual slavery among civilians and former child soldiers, after previous cases such as against Jean-Pierre Bembe and Laurent Gbagbo were acquitted of rape. This article drawing from the author's role as a reparation expert in the case, is a reflection on the challenges of designing and providing reparations at the ICC against convicted individuals, as well as amidst insecurity and the COVID-19 infectious disease pandemic. It begins by discussing how the Ntaganda reparation order expanded reparation principles for the first time since the Lubanga case, in particular for crimes of a sexual nature. This is followed by an outline of some of the harms as a result of sexual violence from the perspective of an expert with a medical background. The analysis then turns to the appropriate reparations in this case and the details contained within the chamber's reparation order. Final conclusions consider how the procedural and substantive elements of reparations in this case will be instructive to future cases that address sexual violence. Ultimately, key insights are offered on the modest contribution an appointed reparation expert can do in assisting a trial chamber in the reparation process.

Briefly Noted

2019 ◽  
Vol 58 (3) ◽  
pp. 664-667
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Life Sentence

On March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals set aside Radovan Karadžić's prior sentence of forty years and imposed a life sentence. Karadžić was convicted of genocide, crimes against humanity, and violations of the laws or customs of war in March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia and sentenced to forty years in prison. His crimes relate to war crimes he committed during the 1990s conflicts in the Balkans, in particular the 1995 Srebrenica massacre of 8,000 Bosnian Serbs and the three-year long siege of Sarajevo. The Appeals Chamber reversed part of Karadžić's convictions related to the Overarching JCE and dismissed the rest of his appeal, while also dismissing most of the Prosecution's appeal, aside from the sentence. The Appeals Chamber judges found that the Trial Chamber “committed a discernible error and abused its discretion in imposing a sentence of only 40 years of imprisonment,” and consequently imposed a life sentence.

scholarly journals Managing Frozen Assets at the International Criminal Court

2020 ◽  
Vol 18 (3) ◽  
pp. 765-790
Author(s):  
Daley J Birkett
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Legal Framework ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
The Hague

Abstract On 8 June 2018, more than 10 years after his arrest, the Appeals Chamber of the International Criminal Court (ICC) reversed Jean-Pierre Bemba Gombo’s conviction by the Trial Chamber for crimes against humanity and war crimes, acquitting him of all charges. Soon after the start of his time in detention in The Hague, assets belonging to Bemba were frozen by states across a number of jurisdictions at the request of the ICC. Many of these assets remain frozen, more than 18 months after his acquittal. This article examines the consequences of prolonged asset freezes by the ICC through the lens of the Bemba case, demonstrating the existence of gaps in the legal framework applicable to the management of frozen assets under the ICC Statute system and suggesting possible responses thereto at the domestic and international levels.

International Centre for Settlement of Investment Disputes (ICSID):Azurix Corporation V. the Argentine Republic

2004 ◽  
Vol 43 (2) ◽  
pp. 262-285
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Concentration Camp ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Argentine Republic ◽  
Common Purpose

On 25 June 2001, Milorad Kmojelac, a Bosnian Serb, was indicted by the Prosecutor of the International Criminal Court for the Former Yugoslavia (ICTY) on twelve counts of crimes against humanity and violations of the laws and customs of war. He had served as the commander of the Foca Kazneno-Popravni Dom (“KP Dom”) concentration camp in Bosnia-Herzegovina from April 1992 to August 1993. The charges against Kmojelac were based upon his acting in “common purpose” (as defined by Articles 7(1) and 7(3) of the ICTY Statute) with the KP Dom guards in persecuting Muslim and other non-Serb civilian detainees through torture, beatings, and murder. The Trial Chamber convicted Kmojelac of several of the charged offenses and sentenced him to a total of 7 Vi years imprisonment. He was acquitted of counts of torture, murder, imprisonment, and other inhumane acts. Both the defense and the prosecution appealed on various grounds. The Appeals Chamber dismissed all defense appeals and found for the prosecution on several grounds, increasing Krnolejac's sentence to 15 years.

Sign in / Sign up

Export Citation Format

Share Document